If you or a loved one has had money or property seized, it is important to contact an asset forfeiture attorney immediately. A knowledgeable civil forfeiture lawyer in Atlanta will be able to assist you in your legal battle.
Federal and state agencies have legal authority to seize cash, property, or other assets they believe are linked to a crime. This can be a dangerous situation and requires a knowledgeable litigator to fight for your rights.
Administrative Forfeiture
Administrative forfeiture is an in rem action that allows the government to seize property without a criminal conviction, thereby freeing the courts from having to handle cases when no one files a claim contesting the seizure. This process can be used to seize any property, whether it is worth a few thousand dollars or a few million dollars, because the government believes that the property has been involved in some sort of illegal activity.
A huge majority of all forfeitures in the United States are administrative seizures. That is because most people never even contest their seizure.
Asset Forfeiture Attorney in Atlanta
The first step in a successful claim is to file it within the proper time frame. This is a critical aspect of federal law. It’s also essential to know your rights. If you’ve been notified of a seizure and need help defending yourself, contact an experienced Asset Forfeiture Attorney in Atlanta to get the process started right away.
Civil Forfeiture
Civil asset forfeiture is a legal tool that allows law enforcement to seize cash, cars, homes and other assets even without charges or convictions. It is a highly controversial tool and one of the gravest abuses of power in our country today.
The Institute for Justice has released the third edition of its groundbreaking survey on how police abuse civil asset forfeiture laws. The findings reveal that too many property owners are being subjected to this practice, and that our local governments and law enforcement agencies profit heavily from these seizures.
In addition, the burden of proof in civil asset forfeiture cases is often lower than that of criminal assets forfeitures. Because of this, it is important to hire a qualified Asset Forfeiture Attorney in Atlanta to help protect your rights.
An experienced Asset Forfeiture Attorney can help you determine if your property is actually connected to the criminal offenses alleged and will represent you in any court proceedings. They also will work with you to obtain a release from the government of any property that has been forfeited.
Criminal Forfeiture
Criminal forfeiture is the government’s way of taking property from those who have committed certain crimes. These properties are called “proceeds” and “instrumentalities.”
Forfeiture of money, vehicles, boats, homes, and other possessions is often used by prosecutors to deter future violations. This is a powerful and effective tool.
Nevertheless, there are many defenses to asset forfeiture allegations. For example, the owner of property can argue that the asset was not used in a crime or was not used at all for a criminal purpose.
In a civil case, the burden of proof is usually on the State to prove by a preponderance of evidence that the asset was associated with criminal activity.
This can be a tricky area of law that requires an experienced Asset Forfeiture Attorney in Atlanta. In addition to having a strong understanding of the specific laws pertaining to these transactions, an attorney must also be able to defend against the State’s argument that you knew about the illegal activity.
Federal Criminal Defense
If you are charged with a federal crime in Georgia, you need an experienced Atlanta Federal Criminal Defense Lawyer to help you. These crimes can be complex, involve powerful government agencies, and cross state lines.
These crimes are generally serious in nature and carry severe penalties. The consequences can range from a fine and community service to federal prison time.
During a federal investigation, it is important to remain silent and consult with an attorney as soon as possible. This will help ensure that your Fifth Amendment rights are protected and that you do not have to make damaging statements during the course of the investigation.
Prosecutors are increasingly using the money laundering and asset forfeiture laws as a way to inflict pressure and punishment on those who they suspect of having committed certain kinds of economic or drug crimes. These are highly-complex areas of the law, and anyone facing these allegations needs a well-experienced Atlanta Federal Criminal Defense Lawyer who has handled hundreds of such cases over the past 36 years.